Paisley snail case … Barristers get points for rewiring their cells … Broadspectrum chair brings more than business acumen to HDY 

AT the upcoming common law drinks in Sydney on September 2 it’s hoped that Margaret Beazley P can throw some light on who might have won Donoghue v Stevenson.  

Many assume that Mary Donoghue came first, but she only established the threshold issue – that her suit disclosed a cause of action against the ginger beer man, David Stevenson.  

The Law Lords referred it back for a hearing by the Court of Session, scheduled for January 1933. However, Stevenson died in November 1932 and his executors settled the case in December 1934 for £200 (Donoghue originally asked for £500).   

Donoghue, aka May McAllister, aka Mabel Hannah, died in 1958. The Wellmeadow Cafe where the ginger beer ice-cream float was consumed was demolished in 1959. The premises of David Stevenson (Beers and Minerals) Ltd was demolished in the 1960s.  

The existence of the snail was never proved either way.  

Celebrating the 88th birthday of the event that shook the common law world is one thing, but where are the 125th birthday celebrations for the foundation of modern contract law, Carlill v Carbolic Smoke Ball Co?  

The company had promised to pay £100 to anyone who got the flu after using the smoke ball three times daily for two weeks. Louisa Carlill said she followed the instructions, but still caught the flue. Her husband, a solicitor, wrote letters demanding payment. 

Ultimately, he received a reply saying that Mrs Carlill should come into the company’s office in Hanover Square to use the ball each day and be checked by the secretary.  

With H.H. Asquith defending Carbolic, the plaintiff was successful at the Queen’s Bench and the Court of Appeal. Asquith went on to become prime minister. 

More work needs to be done on the actual efficacy of carbolic smoke in fighting influenza.  

Curiously, the forebears of ABC journalist and Media Watch host Jonathan Holmes, were involved in and connected to the Carbolic Smoke Ball Co.  

Does this explain why the product only worked intermittently?   

The “ignite your spirit” sessions are conducted in the bar common room by  former lawyer, Chamundai (Jackie Curran), who has turned to spiritual teaching and healing.  

The course is spread over five weeks and is a snip at $25 for each session, designed to leave barristers feeling “lighter, brighter and happier”.  

Jackie also teaches “laughter yoga” and she worked under the master of this art, Dr Madan Kataria, becoming a laughter yoga ambassador.  

She also studied for many years with Shakti Durga, the former lawyer Kim Fraser, and became expert at energy, healing and presenting seminars on the Path to Ease and Grace.  

Fresh horizons could also open up for other possible CPD courses – dream analysis, tantric massage, crystal energy and levitation.   

It’s a bold move by Henry Davis York to invite Diane Smith-Gander to be a non-executive director of its board.  

The WA businesswoman is also a non-executive director of Wesfarmers and formerly had senior positions with Westpac, McKinsey, NBN Co and Basketball Australia, among other gigs. 

In her role as the outgoing chairman of Broadsprectrum, previously Transfield Services and soon to be Ferrovial, she brings with her the odium of the human rights abuses at Australian offshore prison camps on Manus Island and Nauru.

Broadspectrum is contracted by the Department of Immigration and Border Protection to run the offshore “processing” centres.  

The Nauru incident files published this month by Guardian Australia report that former Broadspectrum employees had given evidence about the mistreatment of detainees “and it has been ignored”.  

Broadspectrum and Wilson Security claim they are improving conditions, yet detainees continue to be held in sweltering heat, devoid of hope and accompanied by increasing incidents of mental illness and physical attacks. 

The operation by Smith-Gander’s company of these “facilities” has been criticised by United Nations agencies, the Australian Law Reform Commission, the Save the Children Fund, religious outfits and the medical profession. 

Owing to its “complicity in abuse” GetUp and others, such as No Business in Abuse, CorpWatch and the Human Rights Law Centre have waged campaigns to get investors to boycott and withdraw their investment in Broadspectrum.    

“One of the great attributes of Diane we sought out was business acumen and calibre, someone who was not just a law firm partner.”  

According to the Financial Review, Smith-Gander said that she’d be offering the firm, “bias towards action”.